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Home My Public Portal About15-9009 To Execute Wavier of Conflict or Interest w/Law Firm of Weiss Serota in connection w/ $6 Million Dollar Line of Credit Sponsored by: City Manager RESOLUTION NO. 15-9009 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OPA-LOCKA, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE WAIVER OF CONFLICT OF INTEREST WITH LAW FIRM OF WEISS SEROTA, ET AL., IN CONNECTION WITH $6 MILLION DOLLAR LINE OF CREDIT WITH CITY NATIONAL BANK OF FLORIDA ; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Weiss Serota, et al., P.L. (Law Firm) currently represents the City of Opa-locka in the American Traffic Solutions (ATS) red light camera law suit; and WHEREAS, Weiss Serota, et al., also represents City National Bank of Florida (Bank) in connection with the $6 million dollar line of credit that City has with the Bank; and WHEREAS, Weiss Serota, et al., is seeking a waiver of a potential conflict in that the Firm's representation of the Bank in the line of credit and the City in the ATS/red light camera law suit are unrelated; and WHEREAS, the terms of the waiver are set forth in EXHIBIT "A". NOW, THEREFORE, BE IT DULY RESOLVED THAT THE CITY COMMISSION FOR THE CITY OF OPA LOCAK, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission the City of Opa-locka, Florida, hereby authorizes the City Manager to execute the waiver as set forth in EXHIBIT "A" and any other documents necessary to accomplish the purpose stated therein. Resolution No. 15-9009 Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 10th day of Tune, 2015. / /s■. Myr. Taylor Mayor Attest to: J.Anna Flores City Clerk Approved as to form and legal sufficiency: Vincent T. Brown, Esq. The Brown Law Group, LLC City Attorney Moved by: COMMISSIONER SANTIAGO Seconded by: COMMISSIONER KELLEY Commission Vote: 4-0 Commissioner Kelly: YES Commissioner Pinder: YES Commissioner Santiago: YES Vice-Mayor Holmes: OUT OF ROOM Mayor Taylor: YES OQ I 11a Jn �Q"ORATEO City of Opa-Locka Agenda Cover Memo Commission Meeting 06/10/2015 Item Type: Resolution Ordinance Other Date: X (EnterXin box) Fiscal Impact: Ordinance Reading: 1 t Reading 2'Reading (EnterXin box) Yes No (EnterXin box) Public Hearing: Yes No Yes No (EnterXin box) X X Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No (Enter Acct No.) (Enter X in box) X Contract/P.O.Required: Yes No RFP/RFQ/Bid#: (EnterXin box) N/A Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (Enter X in box) specific objective/strategy this item will address) Enhance Organizational 0 Bus.&Economic Dev Q Public Safety 0 Quality of Education 0 Qual.of Life&City Image El Communcation El Sponsor Name City Manager Department: City Manager Short Title: Weiss Serota Law Firm Waiver of Conflict of Interest Staff Summary: Weis Serota et al, P.L. (Law Firm) currently represents the City of Opa-locka on the red light camera litigation. City National Bank of Florida requested the Bank in connection with the $6 million line of credit. Both cases are unrelated. The Law Firm requests the City waive any potential conflict of interest at this time. If any litigation or dispute subsequently arises with respect of the line of credit, the City will have the right to assert a conflict and the Law Firm will cease representing the Bank. Proposed Action: Approval Attachment: (1) Letter from Weiss Serota Law Firm (2) Resolutions 15-8918 and 15-8984 6 } I 1rw1 ofV4-7;1.-=;:' tg:krakee Oq.6S6 Memorandum TO: Mayor Myra L. Tay Vice-Mayor Timothy H s s Commissioner Joseph L y Commissioner Ter:ice . • Commissioner Luis ., al r 1;11 FROM: Kelvin L. Baker, Sr. , City Manage DATE: June 4, 2015 RE: Resolution: Waiver of Conflict of Interest Request: A RESOLUTION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO AUTHORIZING THE CITY MANAGER TO EXECUTE WAIVER OF CONFLICT OF INTEREST WITH WEISS SEROTA ET AL IN CONNECTION WITH THE $6 MILLION LINE OF CREDIT WITH CITY NATIONAL BANK OF FLORIDA Description: Weis Serota et al, P.L. (Law Firm) currently represents the City of Opa-locka on the red light camera litigation. City National Bank of Florida requested the Bank in connection with the $6 million line of credit. Both cases are unrelated. The Law Firm requests the City waive any potential conflict of interest at this time. If any litigation or dispute subsequently arises with respect of the line of credit, the City will have the right to assert a conflict and the Law Firm will cease representing the Bank. Financial Impact: Finalize $6 million Line of Credit transaction Implementation Timeline: Immediately Legislative History: Resolutions 15-8918 and 15-8984 Recommendation(s): Staff recommends approval. Analysis: Once the City finalizes the line of credit agreement, we can continue to move forward with the State Revolving Loan projects and Historic City Hall renovations. Attachments: (1)Letter from Weiss Serota Law Firm (2)Resolutions 15-8918 and 15-8984 PREPARED BY: Faye Douglas, Budget Administrator WEISS SEROTA HELFMAN COLE & BIERMAN , P . L . ATTORNEYS AT LAW 2525 PONCE DE LEON BOULEVARD, SUITE 700 CORAL GABLES. FLORIDA 33134 JEFFREY D. DECARLO WWW.WSH-LAW.COM JDECARLO@wSH-LAW.COM June 2, 2015 Mario Carballo, Esq. Kelvin L. Baker Managing Senior Vice President City Manager-City of Opa-Locka and Co-General Counsel 3400 NW 135th Street, Building B City National Bank of Florida, Suite 711 Opa-Locka, Florida 33054 25 West Flagler Street Miami, Florida 33130 Re: Borrower: City of Opa-Locka(the "City") Lender: City National Bank of Florida Loan: $6,000,000.00 Line of Credit for Water and Sewer Improvements ("Loan Transaction") GENTLEMEN: We have been asked to represent the Lender in connection with the above referenced Loan Transaction. We also represent a number of cities in connection with certain red light camera litigation cases, and were recently engaged to represent the City as well in those same cases. The Loan Transaction and the red light camera cases are unrelated matters. Pursuant to our rules of professional conduct, we cannot represent any client if the representation of that client will be directly adverse to the interests of another client unless each client, after consultation, consents to such representation. We believe our representation of the Lender in the Loan Transaction will not be adverse to the interests of the City. However, in order that there not be any misunderstandings with respect to our representation of Lender in the Loan Transaction, we respectfully request your written waiver of any potential conflict of interest. Your countersignature of this letter confirms your waiver of any potential conflict of interest with respect to this firm's representation of the Lender in connection with the referenced Loan Transaction. In the event that litigation or a subsequent dispute should arise between the City and Lender concerning the Loan Transaction, each of the City and Lender reserve their rights to assert a conflict whereupon this firm shall cease its representation of the Lender in connection CORAL GABLES, FLORIDA FORT LAUDERDALE, FLORIDA 305-854-0800 954-763-4242 Mario Carballo, Esq. Kelvin L. Baker June 2, 2015 Page 2 of 2 with the referenced Loan Transaction. This firm may, however, continue to represent the City and the Lender in other unrelated matters. If the foregoing is acceptable to you, please execute your copy of this letter where indicated and return it to us at your earliest convenience. If at any time you have any questions or believe that actions have been undertaken which are detrimental to your interests, we request that you notify us at once and that you feel free to consult with other counsel of your choosing before proceeding. We appreciate your continued confidence in us and look forward to serving you now and in the future. Sincerely, Weiss Serota Helfman Cole & Bierman, P.L. 1) By: r D(A Jeffry DY DeCarlo ******* AGREED AND CONSENTED TO: City National Bank of Florida, a national City of Opa-Locka, a Florida municipality banking association By: By: Name: Mario Carballo, Esq. Name: Kelvin L. Baker Title: Managing Senior Vice President Title: City Manager and Co-General Counsel WEISS Sr:ROTA HELFMAN G01_1? & BIERMAN, P.L. Sponsored by: City Manager RESOLUTION NO. 15-8984 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OPA-LOCKA; AUTHORIZING THE CITY MANAGER TO ACCEPT A REVOLVING LINE OF CREDIT FROM.CITY NATIONAL BANK TO PROVIDE TEMPORARY BRIDGE FINANCING FOR THE CITY'S ONGOING AND FUTURE DRINK WATER, SEWER WATER AND WASTE WATER IMPROVEMENT PROJECTS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Opa-locka passed Resolution 15-8918, authorizing the City Manager to negotiate a revolving line of credit with City National Bank; and WHEREAS, City Manager has completed the negotiations with City National Bank pursuant to Resolution 15-8918; and WHEREAS, the terms of the negotiations are set forth in EXHIBIT "A". NOW, THEREFORE, BE IT DULY RESOLVED THAT THE CITY COMMISSION FOR THE CITY OF OPA LOCAK,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission the City of Opa-locka, Florida, hereby authorize the City Manager to execute the term-sheet attached as EXHIBIT "A" and any other documents necessary to accomplish the purpose stated therein. Section 3.This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 27t'' day of April, 2015. Resolution No. 15-8984 h r yea Taylor Mayor Attest to: /1 j` 4tc.i. Jo nna Flores City Clerk Approved as to form and legal sufficiency: Vincent T. Brown, Esq. The Brown Law Group, LLC City Attorney Moved by: Commissioner Pinder Seconded by: Commissioner Santiago Commission Vote: 5-0 Commissioner Kelley: YES Commissioner Pinder: YES Commissioner Santiago: YES Vice-Mayor Holmes: YES Mayor Taylor: YES Sponsored by: City Manager RESOLUTION NO. 15—8918 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO NEGOIATE A REVOLVING LINE OF CREDIT NOT TO EXCEED SIX MILLION DOLLARS WITH CITY NATIONAL BANK IN ORDER TO INSURE SOUND FISCAL STABILITY FOR THE CITY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Opa-locka desires to maintain a sound, fiscally responsible budget;and WHEREAS,in order for the City to provide proper departmental spending in accord with the adopted FY 2014-2015 budget, the City Manager has advised that a revolving line of credit should be obtained by the City. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes the City Manager to negotiate with City National Bank for a revolving line of credit not to exceed six million dollars to insure the City having available funds to maintain sound fiscal budgetary responsibilities for all City departments. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 28th day of January,2015. Resolution No. 15-8918 i S TAYLOR MAYOR Attest to: Approved as to form and legal sufficiency I f ' if ..l Jo anna Flores ller/John C. i llagloria ity Clerk G ' N ' •ON MARDER PA City Attorney Moved by: VICE MAYOR HOLMES Seconded by: COMMISSIONER PINDER Commission Vote: 5-0 Commissioner Kelley: YES Commissioner Pinder: YES Commissioner Santiago: YES Vice-Mayor Holmes: YES Mayor Taylor: YES